Tamil Nadu

North Chennai

160/2013

D.Sankaran, Manager, Indian Bank, - Complainant(s)

Versus

Manager, KSTRC, - Opp.Party(s)

S.Natarajan

17 May 2016

ORDER

                                                            Complaint presented on  :  23.08.2013

                                                                Order pronounced on  :  17.05.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 17^th  DAY OF MAY 2016

 

C.C.NO.160/2013

 

 

D.Sankaran,

Manager Indian Bank,

Madras High Court Branch,

Chennai –  104.

                                                                                            ..... Complainant

 

..Vs..

	Manager, KSRTC, Koyambedu Chennai.
	...Opposite Party

 

Date of complaint                                  23.08.2013

Counsel for Complainant                      : S.Natarajan

Counsel for opposite party                      : M/s. V.Ramesh

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant son-in-law who is in Bangalore had reserved a e-ticket for the Complainant to travel from Chennai to Bangalore on 26.04.2013, on payment for consideration of Rs.692/-  and the seat no.21 was allotted to him.  The Complainant on reaching the Koyamebedu  to board the bus the conductor asked him to sit at seat no.23 instead of 21. After that the Complainant went for nature’s call and on return he found that somebody occupying the seat no.23. The Complainant contacted the conductor and then the officials in the Opposite Party office and they told that the system has failed and asked the Complainant to go out with his baggage.  However a lady personnel in the office came and arranged for the Complainant to travel in the same bus, but he has to get a ticket on payment of charges to the conductor. The Complainant paid another sum of Rs.667/- and purchased a ticket and travelled in seat no.8 in the same bus. The Complainant who is a bank manager suffered with mental agony and the act of the Opposite Party is nothing but Deficiency in Service towards the Complainant. Hence the Complainant sent a legal notice dated 09.05.2013 and however the Opposite Party failed to reply for the same. Therefore the Complainant filed this complaint to refund the cost of two tickets and also for compensation with cost of the Complaint.

2. WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:  

          The Opposite Party admits that the Complainant has reserved e-ticket for seat no.21 to travel from Chennai to Bangalore of the Opposite Party bus. Another person Srishailan had booked ticket for seat no.23.  The conductor verified the trip sheet and found that the PNR number of the Complainant was not visible and correct PNR number could not be ascertained. The conductor directed the Complainant to contact the reservation counter to ascertain the seat number. On that day the system was defective and hence it could not be ascertained. The Complainant was allotted seat number 8 reserved for VIP quota and was requested to get an ETM ticket from the conductor on payment of fare, with an understanding that the fare collected through e-booking will be refunded.  The problem had occurred as the name and PNR of the Complainant was not clear and visible and therefore the Opposite Party has not committed any Deficiency in Service. The full e-ticket fare amount was refunded and credited to the Complainant’s relative account on 06.06.2013 which was duly informed to the Complainant.  Therefore refund of ticket amount does not arise and this Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT:1

          It is an admitted fact that the Complainant booked an e-ticket for seat number 21 to travel form Chennai to Bangalore on 26.04.2013.  On the date of travel  on reaching the bus for boarding the  driver of the bus asked the Complainant to sit in seat no.23 and however  an another person has already seated in that seat and after verification with the officer of the Opposite Party and at the intervention of the office,  seat no.8 was allotted to the Complainant to travel in the same bus and however he was asked to pay the  ticket charges for the ETM ticket and assuring that the Opposite Party will refund the e-ticket amount and finally the Complainant travelled in the same bus  and reached Bangalore.

          5. According to the Complainant the ticket amount was not refunded to the Complainant, inspite of that he has issued Ex.A2 legal notice and therefore the Opposite Party committed Deficiency in Service and hence this Complaint has been filed.

          6. Ex.A1 consists of the e-ticket and ETM ticket purchased by the Complainant. Ex.B1 is the trip sheet. Ex.A2 is the legal notice issued by the Complainant and Ex.B2 is the reply to Ex.A2.  The Complainant has filed this Complaint for non refund of e-ticket amount.  In Ex.B2 reply, the Opposite Party categorically stated that the full e-ticket fare amount has been credited to the Complainant account on 06.06.2013.  The Complaint was filed on 22.08.2013. The Complainant also specifically argued that the Opposite Party has not filed any proof to show that the amount was refunded to the Complainant.  It is the case of the Complainant that his brother-in –law at Bangalore booked the ticket. Therefore the Complainant brother-in-law only paid the amount from his account to purchase the e-ticket. Any e-ticket purchased through on line while refunding the ticket amount, the refund amount will go to very same account from the account the amount was paid to purchase such e-ticket.  Further the Opposite Party clearly stated in the written version that full e-ticket fare amount was credited to the Complainant’s relatives account on 06.06.2013. However, the Complainant who has filed his proof affidavit on 04.09.2014 after 7 months of the filing of the written version has not stated anything about the refund of the e-ticket amount or denied the refund of the e-ticket amount. The Complainant has not produced the bank account of his brother-in-law to know that the e-ticket amount was refunded to him or not.  Failure to produce such  statement account  and  in such circumstances  we hold that the e-ticket amount was refunded to the Complainant’s relative account on 06.06.2013  before filling of this Complaint on 22.08.2013  and therefore it is held that the Opposite Party has not committed any Deficiency in Service in refunding the ticket amount.

7.POINT:2

          Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief sought   by him in this Complaint and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 17^th   day of May 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 26.04.2013                   Tickets

 

Ex.A2 dated 09.05.2013                   Legal notice

 

 

 

 

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

Ex.B1 dated 21.05.2013                   Karnataka State Road Transport Corporation

                                                Trip Sheet

 

Ex.B2 dated 02.06.2013                   Reply of the Opposite Party to the Complainant                        

                                                legal notice.

 

Ex.B3 dated 26.04.2013                   Track Ticket History

 

.

 

 

MEMBER – II                                                               PRESIDENT